Common use of Investment Company/Government Regulations Clause in Contracts

Investment Company/Government Regulations. Immediately following the Closing, after giving effect to the transactions contemplated by the Transaction Agreements, neither the Company nor any Person controlling, controlled by or under common control with the Company will be an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, or any federal or state statute or regulation limiting its ability to incur Indebtedness.

Investment Company/Government Regulations. Immediately following the Closing, after giving effect to the transactions contemplated by this Agreement and the Transaction Agreements, Shareholders' Agreement neither the Company nor any Person controlling, controlled by or under common control with the Company will be an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, or any federal or state statute or regulation limiting its ability to incur Indebtedness.

Investment Company/Government Regulations. Immediately following the Closing, after giving effect to the transactions contemplated by the Transaction AgreementsDocuments, neither the Company nor any Person controlling, controlled by or under common control with the Company will be an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, or any federal Federal or state statute or regulation limiting its ability to incur Indebtedness.

Investment Company/Government Regulations. Immediately following the Closing, after giving effect to the transactions contemplated by this Agreement and the Transaction Agreements, Shareholders' Agreement neither the Company nor any Person controlling, controlled by or under common control with the Company will be an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, or any federal or state statute statue or regulation limiting its ability to incur Indebtedness.

Investment Company/Government Regulations. Immediately following the Closing, after giving effect to the transactions contemplated by this Agreement and the Transaction Agreements, Shareholders' Agreement neither the Company nor any Person controlling, controlled by or under common control with the Company will be an "investment company" company `within the meaning of the Investment Company Act of 1940, as amended. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, or any federal or state statute or regulation limiting its ability to incur Indebtedness.

Investment Company/Government Regulations. Immediately ----------------------------------------- following the Closing, after giving effect to the transactions contemplated by the Transaction Agreements, neither the Company nor any Person controlling, controlled by or under common control with the Company will be an "investment company" within the meaning of the Investment Company Act of 1940, as amended. The Company is not subject to regulation under the Public Utility Holding Company Act of 1935, as amended, the Federal Power Act, or any federal or state statute or regulation limiting its ability to incur Indebtedness.